25 Years of the Texas ADR Statute and a Heavy Dose of Ethics

25 Years of the
Texas ADR Statute with a
Heavy Dose of Ethics
Gene Roberts
northtexasnegotiations.com

Wednesday, November 14, 12

What is ethics?
the rules of
conduct
recognized in
respect to a
particular class of
human actions or
a particular
group, culture,
etc.

Steve Brutsche, “Mediation Cross-Examined,”
Business Litigation Newsletter, May 1989

1987 v 2012


1987 v 2012
1987 2012

First Class
0.22 0.45 105%
Stamp
Gallon of Gas 0.95 3.38 255%

Dozen Eggs 0.78 2.68 243%

Atty Avg
197 (2001) 234 (2009) 18%
Hourly Rate


Letter to Justice Nathan Hecht, August 25, 2011

Final Report of the Task Force for Rules in Expedited
Actions, January 25, 2012

Misc. Docket 11-9062
(April 11, 2011)
• Section 2 (f):
“A mediator should not simultaneously
conduct more than one mediation session
unless all parties agree to do so.”


Texas Supreme Court Ethical
Guidelines for Mediators (2005)
• 2 Mediator should protect integrity/
conﬁdentiality of the process. Continuous in
nature.
• 8 cmt. (c) Mediator should report to court
whether mediation occurred, and result of
settlement or impasse, recessed or
rescheduled.



• 11 Mediator can’t give legal or other
professional advice.
• 13 Postpone, terminate, or recess if the case
is inappropriate for mediation or one or
more of the parties is unwilling or unable to
participate in the mediation process.



• 2 Mediator should protect the integrity of
the mediation process, beginning with ﬁrst
communication.
• 10 cmt. A mediator should not knowingly
misrepresent any material fact or
circumstance in the course of mediation.


• 8 Mediator should not reveal information made
available in the mediation process, which is
privileged and conﬁdential, unless the affected
parties agree or may be required by law.


• 8 Mediator should not reveal information made
available in the mediation process, which is
privileged and conﬁdential, unless the affected
parties agree or may be required by law.
• 8 cmt. (a) Mediator should not permit
recordings or transcripts to be made of
mediation proceedings.


3 keys
• Conﬁdentiality
• Impartiality
• Conﬂicts of Interest


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Advanced
Mediation
Training
Lee Jay Berman

December 13

dbamediationtraining.
eventbrite.com


txmediator.org

25 Years of the Texas ADR Statute and a Heavy Dose of Ethics

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